scholarly journals Language Law and Policy of the Federal Government of Ethiopia: Implications for Fair Trial and the Rights of Non-Amharic Language Speakers Accused

Acta Humana ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 59-76
Author(s):  
Yemserach Legesse Hailu
Keyword(s):  
Federal Government ◽  
Language Proficiency ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
Law And Policy ◽  
Formal Mechanism ◽  
The Status ◽  
Equal Recognition ◽  
Training Institutions ◽  
Language Law

Ethiopia is a multilingual country with a federal form of state structure. The 1995 Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) gave equal recognition for all Ethiopian languages, but has chosen Amharic to become the working language of the Federal Government. In order to accommodate the needs of non-Amharic speakers in the provision of public services, the Constitution and other laws such as the Criminal Procedure Code, require the use of interpreters. Particularly in criminal proceedings, non-Amharic speakers are entitled to be assisted with a ‘qualified’ interpreter to meaningfully participate in the cases. In practice, it is observed that accused people who do not speak the working language of the federal government are unable to effectively understand or get prompt and detailed information regarding the nature and effect of the case brought against them. Even if they know the case, they are not able to effectively explain their defences to the court or associated bodies, and thereby defend their rights. This study reveals that non-Amharic speakers are not effectively served according to the legal standards. This problem subsists mainly due to the absence or limited number of interpreters, as well as the use of untrained interpreters. Despite some efforts to address the problem, the federal government has not yet laid down any formal mechanism by which people with limited and/or no Amharic language proficiency are properly served in criminal proceedings both before and during trial. This study proposes the federal government to establish court interpreter training institutions and to standardise court interpretation by allocating the necessary budget; lay down a formal mechanism such as enacting detailed laws and working manuals for assigning interpreters; providing other local languages the status of working language; consulting interpretation technologies and working in collaboration with different stakeholders.

scholarly journals Some Issues Related to the Implementation of the Right to Protection by Individuals in Respect of Whom Criminal Proceedings Are Carried Out to Prove Them Guilty of Committing a Crime

2021 ◽  
Vol 15 (2) ◽  
pp. 396-404
Author(s):  
OL’GA P. ALEKSANDROVA ◽  
LYUDMILA YU. BUDANOVA
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Defense Attorney ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
The Right

Introduction: the article deals with the issues of protection of the rights and freedoms of persons against whom criminal proceedings are carried out to prove them guilty of committing a crime; these issues have always been in the focus of attention of the progressive world community and the legislator. Aims: to analyze the legislation and law enforcement practice of Russia and some other countries in the field of the implementation of the right to protection by persons against whom criminal procedural activities are carried out to prove them guilty of committing a crime, to identify problem issues of a legal nature in this field, and to formulate scientifically substantiated recommendations to address them (minimization). Methods: the dialectical method of scientific knowledge forms the methodological basis of our study. We also use the following methods of scientific cognition: systematic, formal-logical, comparative-legal, etc. Results: the practice of ensuring the right to protection from suspicion or charge, including the decisions of the European Court of Human Rights, shows that not all issues of legal regulation in this area have been resolved to a degree that satisfies science and practice; human rights established by international legal standards are still being violated, the principle of adversarial parties in criminal proceedings is not implemented to the fullest extent, especially in pre-trial proceedings. Discussion: currently, the following issues are debatable: about the possibility of participation of the defender before an official suspicion or charge is brought against the person in an initiated criminal case (from the moment of the beginning of the implementation of procedural actions against a person, aimed at verifying the report of a crime and the involvement of the person in the commission of this crime, before the initiation of a criminal case, as well as from the moment of the implementation of a procedural action in an initiated criminal case affecting the rights and freedoms of the person against whom it is being carried out, and aimed at proving them guilty of committing the crime); about the possible participation of another person as a defender upon the request of the defendant, as well as the scope of the requirements such persons should comply with, and a set of criteria, according to which a decision should be made to allow the individual who does not have the status of defense attorney to act as a defender. Conclusions: based on the results of the study, we formulate proposals for improving the criminal procedure legislation aimed at expanding the scope of possible participation of a defender in criminal proceedings at the stage before the official suspicion or charge is brought, and determining the procedure for considering applications for allowing other persons who do not have the status of defense attorney to act as a defender. Keywords: Criminal prosecution; defender; defense attorney; petition

Conflicts of Interest in Human Subject Research: The Insufficiency of U.S. and International Standards

2019 ◽  
Vol 45 (4) ◽  
pp. 303-330
Author(s):  
Marc A. Rodwin
Keyword(s):  
Federal Government ◽  
International Organizations ◽  
Conflicts Of Interest ◽  
International Standards ◽  
Human Subject Research ◽  
Research Subjects ◽  
Legal Standards ◽  
Ineffective Efforts ◽  
Human Research Subjects ◽  
Current Standards

Researchers, as well as individuals and institutions that oversee their conduct, sometimes have conflicts of interest that weaken or render ineffective efforts to protect human research subjects. This article analyzes United States and international standards used to address conflicts of interest and reviews evidence regarding compliance. It finds current standards are insufficient and recommends that the federal government and international organizations adopt stronger legal standards that require resolving most significant conflicts of interest and specifying how to manage conflicts of interest not resolved.

The Activity of Lawyers in the International Criminal Court: Theoretical and Practical Aspects

2021 ◽  
Vol 8 (3) ◽  
pp. 67-72
Author(s):  
Daria A. Sedova
Keyword(s):  
World War Ii ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
World Order ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Or Groups ◽  
The Status ◽  
Entire History

In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. It has long been recognized, the verdict of the Nuremberg Tribunal noted, that international law imposes duties and obligations on specific individuals as well as on the state. [] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected. To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.

scholarly journals Chinese-style Off-campus Education: Research on the Popularity of After-school Training Institutions

2020 ◽  
pp. 247-251
Author(s):  
Xianli Zhu ◽  
Keyword(s):  
Evaluation System ◽  
Physical Development ◽  
Status Quo ◽  
After School ◽  
Education Evaluation ◽  
The Road ◽  
The Status ◽  
Training Institutions ◽  
School Training ◽  
Education In China

This paper is mainly about the status quo and long-lasting problems of off-campus education in China. There is no doubt that education should be student-oriented. However, most of Chinese after-school training institutions are carrying out the exam-oriented courses crazily, which ignores the differences of individuals, the rules of their mental and physical development, not to mention the study interests tend to withered away. Various factors are no strangers to this phenomenon, from the educational system, educational needs of every family to the atmosphere created by the training institutions. As a result, a large quantity of people are accustomed to judging the achievements of adolescents down the road simply by predicting their test scores, linking the needs of education with the good jobs and high incomes rather than self-realization. The Education Evaluation System has gradually simplified in a disapproving way, and young people are equal to nothing but an index on their transcripts. People who find themselves embroiled in this ever-spiraling situation feel progressively anxious about score and time, which corrodes the very foundation of Chinese education.

scholarly journals THE ENGLISH LANGUAGE PROFICIENCY AS A GLOBAL EMPLOYMENT SKILL: THE VIEWPOINT OF PAKISTANI ACADEMIA

2021 ◽  
Vol 9 (3) ◽  
pp. 1071-1077
Author(s):  
Furrakh Abbas ◽  
Abdul Majid Khan Rana ◽  
Irfan Bashir ◽  
Azhar Munir Bhatti
Keyword(s):  
Empirical Evidence ◽  
Language Proficiency ◽  
Mixed Method ◽  
English Language ◽  
English Language Proficiency ◽  
English Language Teaching ◽  
Mixed Method Research ◽  
Occupational Groups ◽  
Employment Skills ◽  
The Status

Purpose of the Study: The current research aims at exploring the need of effective English skill as a global employment skill and its various reasons, as there are various Pakistani institutes which are dedicated to The English language teaching and reinforce its relationship with employability. The importance of the study being conducted in Pakistan becomes more evident as English enjoys the status of the second language in the country. Methodology: Current study uses a mixed-method research design and employs both questionnaires and interviews as research instruments. The questionnaire was administrated on a sample of 392 university students while a sample of 13 informants from university faculty participated in an interview for data collection. Main Findings: The study concludes that the importance of English was associated with increased connectivity due to globalization. The study also concludes that the importance of English for finding jobs and making a career was well-established. To conclude, it can be said that English language proficiency is amongst the top global employment skills in the viewpoint of Pakistani academia. Application of this Study: The study implicates that the importance of English for employment across the globe and a successful career will further lead to the formulation of English Specific courses for different professional and occupational groups in Pakistan. The originality of the Study: There is a scarcity of empirical evidence in terms of the importance of English as an employment skill though English is considered very important as an elite language and a status symbol. The study proposes to fill in the gap by providing empirical evidence, therefore, the research is being conducted to assess the status of English and its importance for global employment skills.

scholarly journals STATUS OF EXPOSERS IN CRIMINAL PROCEEDINGS

2020 ◽  
Author(s):  
B. Drychyk
Keyword(s):  
Legal Status ◽  
Information Provision ◽  
Legal Liability ◽  
Legal Analysis ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
The Status

The article describes and analyzes the peculiarities of the legal status of the defendants in criminal proceedings. There is a need for a thorough legal analysis of the legislative consolidation of the rights and guarantees of participation of this category of subjects both at the stage of pre-trial investigation and at trial. The result of the work is the conclusion about the possibility of the defendant's participation in criminal proceedings, his release from legal liability, the use of legal aid, confidentiality, provision of information, provision of information on the status and results of the examination, inspection and / or investigation, lodging an appeal.

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals Maternity Contract based on the birth for someone else / Materinstvo na osnovu ugovora o rađanju za drugog

2015 ◽  
Vol 5 (5) ◽  
pp. 54
Author(s):  
Илија Бабић
Keyword(s):  
Married Couple ◽  
Civil Code ◽  
Parental Rights ◽  
Surrogate Mother ◽  
Parental Relationship ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
Preliminary Draft

The Draft of the Serbian Civil Code provides for a new contract for the birth for another person, on the basis of which the parental relationship is established. This contract obligates the surrogate mother to carry and give birth to a child and deliver it to the married couple or companions (the intended parents), after impregnation by seeding cells of one or both of the intended parents. The intended parents are required to take the child and establish the parental relationship with the child.The contract can be signed by a woman who lives with a surrogate mother (particularly justified by the reasons and determined on by the court in a contentious procedure - Article 63 of the preliminary draft), when it is necessary to use the seeding cells of the intended mother.The contract on the birth for another person is not in the interest of the child. In the countries where it has been adopted, it represents a means of exploitation of the poorest women and it is unnatural. In the Draft, the contract is regulated mainly according to the general legal standards, whereas the autonomy of the parties involved regulates the rights and obligations (such as the waiver of surrogate mother to the status of mother, the moment of acquisition of parental rights of the intended parents, the handover of the child, reimbursement of reasonable costs, etc).

Analysis of current events: Identity mobilization in hybrid regimes: Language in Ukrainian politics

2013 ◽  
Vol 41 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Volha Charnysh
Keyword(s):  
Linguistic Diversity ◽  
Individual Level ◽  
Expert Opinions ◽  
Russian Speakers ◽  
Current Events ◽  
The Status ◽  
The Law ◽  
Rights Discourse ◽  
Language Law ◽  
The Eu

In August, a new language law in Ukraine allowed cities and regions to elevate the status of any minority language spoken by at least 10% of their population to “official” alongside Ukrainian. I argue that the law fails to protect genuine linguistic minorities and is likely to further undermine linguistic diversity in certain Ukrainian regions. More important, the law prolongs the vicious circle between Ukraine's lack of democracy and its politicians’ reliance on identity cleavages to gather votes. I argue that the continuing exploitation of identity divides is increasing the popularity of extreme right parties and widening the gap in policy preferences between Ukrainian and Russian speakers. However, the current ethno-regional cleavages do not stand for irreconcilable identity attachments and their impact can be mitigated. The EU could contribute to this outcome by providing expert opinions on minority and language rights; demonstrating a commitment to Ukraine's territorial integrity and independence to de-securitize the minority rights discourse; and increasing individual-level contacts between the EU and Ukraine to promote a broader European identity.

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